DC# 902925
DOB:
09/11/57
Eighteenth
Judicial Circuit, Brevard County, Florida
Circuit Court
Case #89-4942-CF-A
Sentencing
Judge: The Honorable John Antoon, II
Trial Attorney:
John R. Parker – Private
Attorney, Direct
Appeal: Michael S. Becker – Assistant Public Defender
Attorney,
Collateral Appeal: Mark Gruber & David Hendry – CCRC-M
Date of
Offense: 04/04/89
Date of
Sentence: 02/08/91
Circumstances of
Offense:
Late in the
evening of April 3, 1989, Crosley Green came upon Charles Flynn, Jr. and
Kimberly Sue Hallock, both of whom were inside Flynn’s truck, which was
parked in a park near Mims, Florida.
Green robbed them of $190, tied
Flynn’s hands behind his back, and then, driving the victim’s truck,
forced them at gunpoint to ride with him to an orange grove. Hallock
testified she saw Green fire a shot before she managed to escape the
scene.
Police later
found Flynn lying facedown with his hands still tied behind his back and
a single gunshot wound to the chest. He was still alive, but stopped
breathing several times and died before paramedics arrived. Hallock
later identified Green as the man she saw in the park.
Additional
information:
Prior to this
offense, the defendant was convicted of robbery in New York State in
1977.
Trial Summary:
06/20/89 Indicted on the
following charges:
Count I First-Degree
Murder
Count
II Armed Robbery
Count
III Armed Robbery
Count IV
Kidnapping
Count V Kidnapping
09/05/90
The jury
returned guilty verdicts on all counts of the indictment.
09/27/90 Upon advisory sentencing, the trial jury recommended
the death penalty by an 8 to 4
vote.
02/08/91
Defendant was
sentenced as follows:
Count I First-Degree Murder – Death
Counts II-V 27 years imprisonment for each
count
Case
Information:
Green filed a
direct appeal with the Florida Supreme Court on 02/15/91, citing the
following errors: improper inclusion of evidence; denial of a motion to
suppress Hallock’s identification of Green; giving a flight instruction
to the jury that Green had fled to avoid prosecution; improper doubling
of aggravating circumstances; unproven finding of the heinous,
atrocious, or cruel aggravating circumstance; refusal to find mitigating
circumstances; and disproportionate sentencing, compared to other
cases.
The court affirmed the conviction and sentence on 07/07/94.
On 11/25/94,
Green filed a petition for a writ of certiorari with the U.S. Supreme
Court. The court denied the petition on 02/21/95.
On 03/18/97,
Green filed a 3.850 motion with the Eighteenth Circuit and amended the
motion on 11/30/01. The Evidentiary Hearing was held in four parts:
04/24/03, 10/28/03, 02/24/04, and 10/09/04. On 11/22/05, the court
granted the motion in part and denied the motion in part.
On 12/19/05,
Green filed a 3.850 motion appeal with the Florida Supreme Court. The
state filed a cross-appeal on 01/03/06. Both appeals are pending.
On 08/03/06,
Green filed a petition for writ of habeas corpus with the Florida
Supreme Court that is pending.
FloridaCapitalCases.state.fl.us
